HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
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Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing
“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”
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Gauhati High Court declares Article 11, Schedule I of Court Fees Act, 1870 (Assam Amendment) ultra vires to Article 14 of Constitution
“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”
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Admissions Open: Uttar Pradesh State Institute of Forensic Science, Lucknow
The Uttar Pradesh State Institute of Forensic Science (UPSIFS) in Lucknow, established in the year 2023 by the Government of Uttar Pradesh.
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Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme
The Delhi High Court opined that tendering authority has the power to determine the terms on which tender will be given, unless the terms are not arbitrary and discriminating, the Court cannot scrutinize them.
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‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion
The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.
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Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers
“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”
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Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles
It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.
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[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit
“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”
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‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act
The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.
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EU Law does not prevent national legislation from excluding associations of judges from challenging decisions vis-a-vis appointment of prosecutors: CJEU
The Court held that Art 2 and Art.19(1) TEU, read with Arts 12 and 47 of the Charter must be interpreted as not precluding any national legislation which excludes professional associations of judges from challenging the appointment of prosecutors competent to conduct criminal prosecutions against judges.
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Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
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Delhi High Court restrains franchisor to sell poor quality food items under the name of BURGER SINGH after termination of Franchise Agreement
Termination of Franchise Agreement will revoke respondent authorization to operate the franchise outlet, as well as obligating the respondent to cease the use of petitioner’s trademark.
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[FMGE] Delhi High Court refuses provisional registration as medical practitioner due to criminal case pending for impersonation
The Petitioner is accused of a very serious offence of impersonation. It is the allegation that somebody else appeared on his behalf to take Foreign Medical Graduate Exam (FMGE).
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Lists of gifts exchanged during marriage should be maintained to avoid allegations of dowry: Allahabad High Court issues directions
Allahabad High Court directed the Chief Secretary of UP to confirm whether Dowry Prohibition Officers had been appointed as required by law, in the absence of which the State Government was directed to justify such non-compliance
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Delhi High Court issues show cause to advocate for writing derogatory comments in chat box during virtual hearing
The petitioner, a practicing advocate, who was expected to maintain decorum placed comments in the chat box during the proceedings via video conferencing against the sitting judge and the proceedings being taken up by the Court.
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Madras HC directs police to provide security for organization of dance and music events during temple festivals
Madras High Court said that the election process has concluded, and the polling has already taken place. Thus, it asserts that such grounds cannot be deemed acceptable for not permitting the temple festival.
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Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple
“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”
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Delhi High Court restrains Hindustan Unilever Limited from comparing ‘Ponds’ with ‘Nivea’, holds comparison to be misleading
The Delhi High Court opined that the law related to advertisements in any form — print, digital, or TVC will also extend to ‘in-mall’ marketing campaigns since it is a method of promotion and marketing of company’s product to a consumer.
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Can the Court order disclosure of identity information of an Aadhaar cardholder? Delhi High Court answers
“Considering the facts of the present petition, this Court is of the considered opinion that interest of justice would be served if the information as sought by the petitioner is provided”
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